In Matter of Buonocore v. Village of S. Nyack (238 A.D.2d 336 [1997]), petitioner filed a notice of petition and petition and purchased an index number. The Court held that the clerk's failure to require the concomitant filing of an RJI as mandated by 22 NYCRR 202.6 (a) was not jurisdictional, the clerk's error should not be held against petitioner and since the notice of petition and petition were timely filed, the proceeding could be maintained.